Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Dowry articles---Receipt of---Admission---Effect---Plaintiff filed suit for recovery of dowry articles or its value to the sum of Rs.3,50,000 to the effect that the dowry articles along with jewelry items valued Rs.1,20,000 were mentioned in the list of dowry articles---Defendant contested suit on the ground that the plaintiff along with her aunt, brother and a servant came to his house and had taken away all household articles/goods as was alleged by plaintiff---Trial Court dismissed suit of the plaintiff on the ground that list of dowry articles did not show any signature of defendant that said articles were received by him---Appellate Court on appeal partially accepted same and allowed the suit to the extent of recovery of bangles, furniture, washing machine, fridge or in the alternate an amount of Rs.1,00,000---Validity-Receiving of the dowry articles was admitted by defendant, therefore, absence of signature was of no consequence---Statement of attorney of plaintiff that bangles etc. were still lying with the defendant remained unchallenged---When defendant appeared as a witness, he did not make any statement regarding jewelry items etc.---Plaintiff too did not dispute the finding of the Appellate Court regarding the value of jewelry items---High Court declined to interfere in constitutional jurisdiction---Constitutional petition was dismissed. THIS JUDGMENT DELIVERED BY: SHAHID ANWAR BAJWA, J.--- The factual context of this constitutional petition is that the petitioner and respondent No.3 were married on 22-12-2002. The marriage ultimately ended in divorce. Family Suit No.1643/2004 was filed by respondent No.3 for recovery of Dowry articles valued at Rs.3,50,000. In the plaint it was stated by her that her parents gifted her dowry articles of value of Rs.3,50,000 and the same were handed over by her parents to the present petitioner. It was further submitted that all these articles were lying at the premises of the present petitioner. It was prayed in the suit for return of dowry articles or in the alternative for…

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